Land Disturbance Activities and associated increases
in impervious cover alter the hydrologic response of local watersheds and
increase Stormwater Runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This Stormwater Runoff contributes
to increased quantities of waterborne pollutants. Stormwater Runoff, soil
erosion and nonpoint source pollution can be controlled and minimized through
the regulation of Stormwater Runoff from development Sites.

During the construction process, soil is the most vulnerable
to erosion by wind and water. This eroded soil endangers water resources by
reducing water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance and/or
repair of sewers and ditches, and the dredging of Waterways. In addition,
Clearing and/or Grading during construction tends to increase soil erosion
and causes the loss of native vegetation necessary for terrestrial and aquatic
habitat, and to provide a healthy living environment for citizens of the Town
of Clarkson. Improper design and construction of Stormwater Management practices
can increase the velocity of Stormwater Runoff thereby increasing streambank
erosion and sedimentation. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream baseflow.
Regulation of Land Disturbance Activities by means of performance standards
governing Stormwater Management and Site design will produce development compatible
with the natural functions of a particular Site or an entire watershed and
thereby mitigate the adverse effects of erosion and sedimentation from development.

As a result, the purpose of this local regulation is
to safeguard public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling the
design, construction, use, and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of earth on
land in the Town of Clarkson. It seeks to meet those purposes by achieving
the following objectives:

Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;

Require Land Disturbance Activities to conform to the
substantive requirements of the NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit for Construction
Activities or as amended or revised;

Minimize increases in Stormwater Runoff from Land Disturbance
Activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;

Reduce Stormwater Runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through Stormwater Management
practices and to ensure that these management practices are properly maintained
and eliminate threats to public safety.

The following words, terms or phrases, many of which would not normally
be capitalized, are capitalized in this article. The intent of this capitalization
is to call attention to the fact that the word, term or phrase is a defined
term. For the purpose of this article, the following shall mean:

The activity of an active farm, including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of a dude
ranch or similar operation or the construction of new structures associated
with agricultural activities.

All soil-disturbing activities at the Site have been completed and
a uniform perennial vegetative cover with density of 80% has been established
or equivalent measures, such as the use of mulches or geotextiles, have been
employed on all unpaved areas and areas not covered by permanent structures.

Construction activity, including Clearing, Grading, excavating, soil
disturbance or placement of fill that results in land disturbance of equal
to or greater than 25,000 square feet, or activities disturbing less than
25,000 square feet of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct Land Disturbance
Activities may take place at different times on different schedules.

A person knowledgeable in the principles and practices of erosion
and Sediment Controls, such as a licensed professional engineer, registered
landscape architect, certified professional in erosion and Sediment Control
(CPESC), or soil scientist.

As related to inspection of construction Site Erosion Controls, any
person with an in-depth understanding of the principles and practices of erosion
and Sediment Control, Stormwater Management and the proper procedures and
techniques for the installation and maintenance of erosion and Sediment Control
features.

The examination and subsequent authorization to proceed with a project
based upon a drawing prepared to specifications and containing necessary elements
which show the arrangement, layout and design of the proposed use of a single
parcel of land as shown on said plan.

A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from municipal
separate storm sewers for compliance with EPA established water quality standards
and/or to specify stormwater control standards.

The first Land Disturbance Activity associated with a development,
including land preparation such as Clearing, Grading and filling; installation
of streets and walkways; excavation for basements, footings, piers or foundations;
erection of temporary forms; and installation of accessory buildings such
as garages.

The Building Inspector of the Town of Clarkson who shall accept and
review Stormwater Pollution Prevention Plans, forward the plans to the applicable
municipal board and inspect Stormwater Management practices.

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
Ocean within the territorial seas of the State of New York and all other bodies
of surface water, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters that do not combine or effect
a junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction. Storm
sewers and waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state. This
exclusion applies only to man-made bodies of water which neither were originally
created in waters of the state (such as a disposal area in wetlands) nor resulted
from impoundment of waters of the state.

This article shall be applicable to all Land Disturbance Activities that will disturb one or more acres of land unless exempted under § 110-7C of this article. This article also applies to Land Disturbance Activities that are less than one-acre disturbance if such activities are part of a larger common plan of development or sale that will disturb one or more acres of land, even though multiple separate and distinct Land Disturbance Activities may take place at different times on different schedules.

Compliance with this article does not relieve the Applicant
of the obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES General Permit for Construction Activities if required. For projects
also applying for coverage under the NYSDEC SPDES General Permit for Stormwater
Discharges from Construction Activity, the Applicant shall submit a copy of
the Stormwater Pollution Prevention Plan (SWPPP), a notice of intent (NOI)
with a certification statement including the date demonstrating submission
to the NYSDEC, a letter of permission from the NYSDEC granting approval to
disturb five acres or greater of land at one time (if applicable) and any
related documents to the Stormwater Management Officer for review and approval.

The requirements of this article should be considered
minimum requirements and where any provision of this article imposes restrictions
different from those imposed by any other federal, state, or local ordinance,
local law, rule or regulation, or other provision of law, the provisions that
are more restrictive or impose more stringent requirements shall take precedence.

Construction activities that involve land disturbance
may also require additional compliance measures detailed in other regulations
and/or local laws, such as the Local Law for Design and Management of Postconstruction
Stormwater Pollution Prevention Measures.[1]

In accordance with Article 2 of the Municipal Home Rule Law and § 64
of the Town Law of the State of New York, the Town Board of the Town of Clarkson
has the authority to enact laws for the purpose of promoting the health, safety,
or general welfare of the Town of Clarkson, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town of Clarkson
Board may include in any such law provisions for the appointment of any municipal
employees to effectuate and administer such law.

The Town of Clarkson requires the use of technical standards
for erosion and Sediment Controls. These are detailed in the Town of Clarkson's
design criteria and the New York State Department of Environmental Conservation's
Standards and Specifications for Erosion and Sediment Control. For the design
of water quality and water quantity controls (postconstruction Stormwater
Runoff control practices), the NYSDEC's technical standards are detailed in
the New York State Stormwater Management Design Manual.

Where Stormwater Management practices are not in accordance
with the aforementioned technical standards, the Applicant or developer must
demonstrate equivalence to these technical standards and the SWPPP shall be
prepared by a Licensed/Certified Professional.

Any Applicant requesting Site Plan Approval or a permit
for Land Disturbance Activity which would require the disturbance of one or
more acres of land shall also include with a submission a SWPPP that shall
be reviewed and approved by the Town of Clarkson prior to issuance of the
final Site Plan Approval or a permit.

Furthermore, prior to the issuance of a permit or Site Plan Approval, all projects that would result in the disturbance of one or more acres of land will be required to comply with all applicable provisions of Chapter 110, Article II, Postconstruction Stormwater Pollution Prevention. As part of the SWPPP the Applicant shall include a signed statement that all applicable requirements of Chapter 110, Article II have been met to the satisfaction of the Town of Clarkson.

Each application shall bear the name(s) and address(es) of the owner or developer of the Site, and of any consulting firm retained by the Applicant, together with the name of the Applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 110-13.

All Land Disturbance Activities, as defined in § 110-2 of this article, not subject to Site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Clarkson who shall approve the SWPPP if it complies with the requirements of this article.

In situations where application is made after approval
(for example an approved Site plan or subdivision approved prior to the enactment
of this article), the application shall be reviewed by the Planning Board
as a change or modification to the approved plan.

The Town of Clarkson may, at its discretion, require the Applicant to submit a financial guarantee in a form acceptable to the Town of Clarkson prior to issuance of Site Plan Approval or a permit in order to insure that the stormwater pollution prevention and erosion and Sediment Control practices are implemented and maintained by the Applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and Sediment Control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 110-11 of this article. At its discretion, the Town Board of the Town of Clarkson may allow for a partial release of the financial guarantee based on the completion of various development stages. The form and type of any such security shall be as set forth in § 116-26, Financial Security.

The Stormwater Management Officer shall accept and review
all SWPPPs and forward such plans to the applicable municipal board. A consultant
cannot be appointed as a Stormwater Management Officer. The Stormwater Management
Officer may review the plans; upon approval by the City Council/Town Board/Village
Board of Trustees, engage the services of a New York State licensed professional
engineer to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board; or accept
the certification of a Licensed/Certified Professional that the plans conform
to the requirements of this article.

Prior to final approval of a Land Disturbance Activity, a SWPPP shall be prepared by the Applicant in accordance with the specifications outlined by the Town of Clarkson and submitted to the Stormwater Management Officer designated by the Town of Clarkson for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a Qualified Professional as defined in § 110-2 of this article. The final plan must be signed by a Licensed/Certified Professional, who will certify that the design of all stormwater pollution prevention and erosion and Sediment Control practices meet the requirements outlined in the Town of Clarkson design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the Site to the satisfaction of the Town of Clarkson.

The requirements to have a SWPPP prepared by a Qualified
Professional and to have the final plan signed and certified by a Licensed/Certified
Professional are not applicable to Land Disturbance Activities that meet technical
standards and are five acres or less occurring on a single-family residence,
which is not part of a larger common plan of development, or an agricultural
property. In addition, these Land Disturbance Activities must not discharge
directly to a 303(d) impaired waterbody or must not be located in a Total
Maximum Daily Load (TMDL) watershed.

Background information about the scope of the project,
including location, type and size of project and contact information that
includes the name, address, and telephone number of all person having a legal
interest in the property and the tax reference number and parcel number of
the subject property or properties.

Site map/construction drawings for the project, including
a general location map and a one-inch-equals-one-hundred-feet topographic
base map of the Site which extends a minimum of 100 feet beyond the limits
of the proposed development. At a minimum, the Site map should show the total
Site area; all improvements; areas of disturbance; areas that will not be
disturbed; existing vegetation; on-site and adjacent off-site surface waters,
including receiving waters (name of the water), streams, ponds, culverts,
ditches, and wetlands as well as drainage patterns that could be affected
by the construction activity; existing and final slopes; locations of utilities,
roads, soil types, forest cover, and significant natural and man-made features
not otherwise shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete clean out basins and construction entrance;
locations of the stormwater discharges and resources protected under other
chapters of this Code or by easements.

Construction Phasing plan describing the intended sequence
of construction activities, including Clearing and grubbing, excavation and
Grading, utility and infrastructure installation, final Grading and landscaping,
and any other activity at the Site that results in soil disturbance. Sequencing
shall identify the expected date on which Clearing will begin and the estimated
duration of exposure of cleared areas. Consistent with the New York State
Standards and Specifications for Erosion and Sediment Control, not more than
five acres shall be disturbed at any one time unless pursuant to an approved
SWPPP and a letter of permission from the NYSDEC.

A description of the pollution prevention measures that
will be used to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges; a description
of construction and waste materials expected to be stored on Site with updates
as appropriate; a description of controls that will be implemented to reduce
pollutants from these materials, including storage practices to minimize exposure
of the materials to stormwater; and a description of spill prevention and
response measures.

A description of the temporary and permanent structural
and vegetative measures to be used for soil Stabilization, runoff control
and Sediment Control for each stage of the project, from initial land disturbance
to project closeout, including who will be responsible for the maintenance
and implementation of said features at the Site and what practices will be
employed to ensure that adequate vegetative cover is established and preserved.
For temporary and permanent vegetative control measures, the seeding mixtures
and rates, types of sod, method of seedbed preparation, depth of topsoil,
expected seeding dates, type and rate of lime and fertilizer application,
and kind and quantity of mulching shall be provided.

Illustration of all necessary erosion and Sediment Control
measures, including the siting and sizing of any temporary sediment basins,
providing the dimensions, material specifications and installation details
for each throughout all phases of construction and completion of development
of the Site. Depending upon the complexity of the project, the drafting of
intermediate plans may be required at the close of each season.

Description of structural practices designed to divert
flows from exposed soils, store flows, or otherwise limit runoff and the discharge
of pollutants from exposed areas of the Site to the degree attainable.

Assurance that all other applicable environmental permits
have been acquired for the Site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Town of Clarkson.

Assurance that the Applicant or their Responsible Individual
shall be on Site at all times when Earthwork takes place and shall inspect
and document the effectiveness of all erosion and Sediment Control practices.

Assurance that all contractors and subcontractors involved
in soil disturbance and/or Stormwater Management practice installation and
maintenance shall be identified in the SWPPP. All such contractors and subcontractors
shall sign a copy of the following certification statement before undertaking
any Land Disturbance Activity at the Site: "I certify under penalty of law
that I understand and agree to comply with the terms and conditions of the
SWPPP. I also understand that it is unlawful for any person to cause or contribute
to a violation of the water quality standards." The certification must include
the name and title of the person providing the signature; address and telephone
number of the contracting firm; the address (or other identifying description)
of the Site; and the date the certification is made. The certification statement
must be included in the SWPPP.

There is a significant change in design, construction,
operation, or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States and which
has not otherwise been addressed in the SWPPP; or

The SWPPP proves to be ineffective in providing the proper
stormwater pollution prevention and erosion and Sediment Control as required
by this article. Amendments to the SWPPP may be reviewed by the Town of Clarkson.
A copy of the newly amended SWPPP must be provided to the Town of Clarkson
within five business days.

Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure of the
SWPPP. The Town of Clarkson may request copies of signed contractor certification
statements from new contractors/subcontractors working on the Site.

The Town of Clarkson or a Designated Agent as defined in § 110-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the Applicant that the work fails to comply with the SWPPP. In addition, the Town of Clarkson reserves the right to enter the work Site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or their agent shall be maintained at the Site in the Site logbook from the date of initiation of construction activities to the date of Final Stabilization. To obtain inspections, the Applicant shall notify the Town of Clarkson at least 48 hours before the following activities occur:

If any violations are found, the Applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further Earthwork shall be conducted on the Site, except
for Site Stabilization, until the violations are corrected and approved by
the Town of Clarkson.

The Applicant shall employ a Responsible Individual, as defined in § 110-2 of this article, who will oversee the implementation of the SWPPP on a daily basis. The Responsible Individual shall be on Site at all times when construction or Grading activity takes place and shall inspect and document the effectiveness of all erosion and Sediment Control practices. The Applicant shall also employ the services of a Qualified Professional in erosion and Sediment Control who will inspect and document the effectiveness of all erosion and Sediment Control practices. The documentation will be kept in a Site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the Site logbook and delivered to the Town of Clarkson within five days after the month's end.

The requirement to employ a Qualified Professional to
inspect and document the effectiveness of all erosion and Sediment Control
practices is not applicable to Land Disturbance Activities five acres or less
occurring on a single-family residence which is not part of a larger common
plan of development or on an agricultural property. In addition, these Land
Disturbance Activities must not discharge directly to a 303(d) impaired waterbody
or must not be located in a Total Maximum Daily Load (TMDL) watershed.

For a project that requires a NYSDEC SPDES Permit, the
SWPPP approved by the Town of Clarkson shall be in effect until the Site has
been finally stabilized, a notice of termination (N.O.T.) is submitted to
the NYSDEC in accordance with the general permit, and a final inspection has
been completed by the Town of Clarkson.

The Applicant shall at all times properly operate and
maintain all Stormwater Management facilities and erosion and Sediment Control
measures which are installed or used by the Applicant to achieve compliance
with the conditions of this article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%. The Land Disturbance Activity shall not cause an increase in turbidity
that will result in substantial visible contrast to natural conditions in
Surface Waters of the State of New York.

At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly Site inspections
to monthly inspections. In order to reduce inspection frequencies, the Applicant
must complete Stabilization activities before proper installation is precluded
by snow cover or frozen ground. If vegetation is used as a Stabilization method,
seeding, planting, and/or sodding must be scheduled to avoid fall frosts and
to allow for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.

Provide a written certification by a New York State Licensed/Certified Professional that the Site has undergone Final Stabilization (as defined in § 110-2) and that all temporary erosion and Sediment Controls not needed for long-term Erosion Control have been removed.

Stop-work order. The Town of Clarkson may issue a stop-work
order for violations of this article. Persons receiving a stop-work order
shall be required to halt all Land Disturbance Activities except those activities
that address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Town of Clarkson confirms that the Land
Disturbance Activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this article.

Notice of violation. When the Town of Clarkson determines
that an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:

No person shall construct, enlarge, alter, repair, or
maintain any Grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this article. Violations of any provision
or requirement of this article or violation of any statement, plan, application,
permit or certification approved under the provisions of this article shall
be considered a violation punishable by a fine not to exceed $350 or imprisonment
for a period not to exceed 15 days, or both for conviction of a first offense;
a second violation of this article committed within a period of five years
is punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed 30 days, or both; and a third or subsequent violation
of this article within a period of five years is punishable by a fine not
less than $700 nor more than $1,000 or imprisonment for a period not to exceed
30 days, or both. Each day's continued violation shall constitute a separate
additional violation punishable by a fine and/or imprisonment.

In addition to any other penalty authorized by this section,
any person, partnership, or corporation convicted of violating any of the
provisions of this article shall be required to bear the expense of such restoration.

Withholding of certificate of occupancy. Occupation permits
or certificates may not be granted until corrections to all Stormwater Management
practices have been made and accepted by the Town of Clarkson.

Application fee. An Applicant for a permit pursuant to
this article shall deposit with the Town an application fee as determined
by resolution of the Town Board. The application fee is to be utilized by
the Town, as needed, to pay for all fees, costs and disbursements incurred
by the Town in processing the application, including but not limited to independent
legal, engineering and technical consultant fees, stenographic charges and
any other fees, costs and disbursements incurred by the Town in the application
process, including SEQRA review. The application fee shall be maintained in
a separate Town fund, which funds may be appropriated by the Town in accordance
with the terms of this article. In the event that the application fee is insufficient
to cover the fees, costs and disbursements incurred by the Town in processing
the application, the Town shall provide the Applicant with an invoice of the
fees, costs and disbursements, and the Applicant shall be obligated to pay
the Town such additional fees, costs and disbursements within 30 days from
receipt of that invoice from the Town. The Town shall return to the Applicant
any portion of the permit application fee which has not been expended, regardless
of whether the application has been approved or denied. In the event that
there is more than one Applicant, any refunds shall be allocated among the
Applicants on a pro rata basis as determined by the Town Board.

Failure to pay fees. In the event that the Applicant
fails or refuses to pay such additional fees, costs and disbursements for
any reason within 30 days of its receipt of an invoice, the Town may suspend
review of the application. Failure or refusal to reimburse the Town for expenses
incurred may be a basis for refusal of the license application or revocation
of an existing license. The Applicant shall be responsible for all additional
fees, costs and disbursements, including reasonable attorneys' fees incurred
in the collection of any invoiced items.

Land development projects and associated increases in
Impervious Cover alter the hydrologic response of local watersheds and increase
Stormwater Runoff rates and volumes, flooding, stream Channel erosion, and
sediment transport and deposition. This Stormwater Runoff contributes to increased
quantities of waterborne pollutants. Stormwater Runoff, soil erosion and nonpoint
source pollution can be controlled and minimized through the regulation of
Stormwater Runoff from development sites.

The purpose of this article is to establish minimum stormwater
management requirements and controls to protect and safeguard the general
health, safety, and welfare of the public residing in the watersheds within
the Town of Clarkson. Therefore, the Town of Clarkson establishes this set
of water quality and quantity policies to provide reasonable guidance for
the regulation of Stormwater Runoff and to, in addition to the above, safeguard
persons, protect property, prevent damage to the environment in the Town of
Clarkson, and comply with the NYSDEC State Pollutant Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer systems (MS4s), for the purpose of protecting local water resources
from degradation. It is determined that the regulation of Stormwater Runoff
discharges from land development projects and other construction activities
in order to control and minimize increases in Stormwater Runoff rates and
volumes, soil erosion, stream Channel erosion, and nonpoint source pollution
associated with Stormwater Runoff is in the public interest and will prevent
threats to public health and safety.

The following words, terms or phrases, many of which would not normally
be capitalized, are capitalized in this article. The intent of this capitalization
is to call attention to the fact that the word, term or phrase is a defined
term. For the purpose of this article, the following shall mean:

The activity of an active farm, including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of a dude
ranch or similar operation or the construction of new structures associated
with agricultural activities.

An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."

Construction activity, including clearing, grading, excavating, soil
disturbance or placement of fill that results in land disturbance of equal
to or greater than 25,000 square feet, or activities disturbing less than
25,000 square feet of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct land disturbance
activities may take place at different times on different schedules.

The most recent version of the New York State Stormwater Management
Design Manual, including applicable updates, that serves as the official guide
for stormwater management principles, methods and practices.

A person knowledgeable in the principles and practices of erosion
and sediment controls, such as a New York State licensed professional engineer,
registered landscape architect, certified professional in erosion and sediment
control (CPESC), or soil scientist.

Reconstruction or modification to any existing, previously developed
land, such as residential, commercial, industrial, institutional or road/highway,
which involves soil disturbance. Redevelopment is distinguished from development
or new development in that new development refers to construction on land
where there had not been previous construction. Redevelopment specifically
applies to construction areas with impervious surface.

As related to inspection of construction site Erosion Controls, any
person with an in-depth understanding of the principles and practices of erosion
and sediment control, stormwater management and the proper procedures and
techniques for the installation and maintenance of erosion and sediment control
features.

State Pollutant Discharge Elimination System (SPDES), a nationally
approved program with permits issued in accordance with the Environmental
Conservation Law that authorizes stormwater discharges from certain construction
activities to waters of the United States.

Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing point
source or nonpoint source pollution inputs to Stormwater Runoff and water
bodies.

An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."

This article shall be applicable to land disturbance activities, as defined in § 110-15 of this article, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction Stormwater Runoff controls), as set forth in § 110-23 as applicable, unless eligible for an exemption or granted a waiver by the Town of Clarkson in accordance with § 110-21 of this article:

Condition A. Stormwater Runoff from land disturbance
activities discharging a pollutant of concern to either an impaired water
identified on the Department's 303(d) list of impaired waters or a Total Maximum
Daily Load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.

Condition C. Stormwater Runoff from Land Disturbance
Activity disturbing between 25,000 square feet and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.

Condition D. Stormwater Runoff from land disturbance
activities that are smaller than 25,000 square feet of disturbance if such
activities are part of a larger common plan of development, even though multiple
separate and distinct land disturbance activities may take place at different
times on different schedules.

All plans, documents and information required by this
article must be reviewed by the Town of Clarkson to ensure that established
water quality standards will be maintained during and after development of
the site and that postconstruction runoff levels are consistent with any local
and regional watershed plans.

When a site development plan is submitted that qualifies as a Redevelopment project, as defined in § 110-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all Redevelopment projects will be determined after a review by the Town of Clarkson. This applies to all Redevelopment projects that are greater than or equal to one or more acres.

This article is not intended to interfere with, abrogate,
or annul any other local law, rule or regulation, statute, or other provision
of law. The requirements of this article should be considered minimum requirements,
and where any provision of this article imposes restrictions different from
those imposed by any other local law, rule or regulation, or other provision
of law, whichever provisions are more restrictive or impose higher protective
standards for human health and/or the environment shall be considered to take
precedence.

Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or local laws including, but not limited to, Chapter 76, Flood Damage Prevention; Chapter 79, Freshwater Wetlands; Chapter 106, Sewers; Chapter 116, Subdivision and Development of Land; Chapter 140, Zoning; and The Design Criteria and Construction Specifications for Land Development as adopted by resolution of the Clarkson Town Board and amended from time to time.

In accordance with Article 2 of the Municipal Home Rule Law and § 64
of the Town Law of the State of New York, the Town Board of the Town of Clarkson
has the authority to enact laws for the purpose of promoting the health, safety,
or general welfare of the Town of Clarkson, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town of Clarkson
Board may include in any such law provisions for the appointment of any municipal
employees to effectuate and administer such law.

Any powers granted or duties granted to the above individuals
may be delegated in writing by the above named individuals or by duly enacted
resolution of the Town Board to persons or entities acting in the beneficial
interest of or in the employ of the Town of Clarkson. References in this article
to "The Town of Clarkson" shall refer to the above individuals where the sense
of this article so requires.

No person(s) shall receive any of the building, grading
or other land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article to the satisfaction
of the Town of Clarkson.

Unless specifically excluded by this article, any Landowner
or operator desiring approval or a permit for a Land Disturbance Activity
shall comply with all applicable provisions of this article and shall submit
all required plans, documentation and information as required under this article
to the Town of Clarkson Planning Board for review and approval.

The SWPPP and all other documents required by this article
must be reviewed by the Town of Clarkson to ensure that established water
quality standards will be maintained after development of the site and that
postconstruction runoff levels are consistent with any local and regional
watershed plans. Information shall be submitted as a single, logical package
with all information bound together.

The Planning Board shall review said application in conjunction with any subdivision and site plan review pursuant to Chapter 116, Subdivision and Development of Land. In situations where application is made after approval (for example an approved site plan or subdivision approved prior to the enactment of this article), the application shall be reviewed by the Planning Board as a change or modification to the approved plan.

All person(s) shall comply with the requirements of this
article, unless a written request is filed to waive the requirements in part
or whole for land disturbance activities that disturb less than one acre of
land. Requests to waive any requirements of this article shall be submitted
to the Town of Clarkson for approval.

Alternative minimum requirements for on-site management
of stormwater discharges have been established in a Stormwater Pollution Prevention
Plan that has been approved by the Town of Clarkson and the implementation
of the plan is required by local law. These practices are encouraged in order
to minimize the reliance on structural practices. Credit in the form of reductions
in the amount of stormwater that must be managed can be earned through the
use of nonstructural practices that reduce the generation of stormwater from
the site. These nonstructural practices are explained in detail in the manual,
Better Site Design: A Handbook for Changing Development Rules in Your Community.
Applicants wishing to obtain credit for use of nonstructural practices must
ensure that these practices are documented and remain unaltered by subsequent
property owners.

Provisions are made to manage stormwater by an Off-Site
Facility. The Off-Site Facility is required to be in place, to be designed
and adequately sized to provide a level of stormwater control that is equal
to or greater than that which would be afforded by on-site practices and there
is a legally obligated entity responsible for long-term operation and maintenance
of the stormwater practice.

In instances where one of the conditions above applies,
the Town of Clarkson may grant a waiver from strict compliance with these
stormwater management provisions, as long as acceptable mitigation measures
are provided. However, to be eligible for a variance, the Applicant must demonstrate
to the satisfaction of the Town of Clarkson that the variance will not result
in the following impacts to downstream Waterways:

Where compliance with minimum requirements for stormwater
management is waived, the Applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Town of Clarkson.
Mitigation measures may include, but are not limited to, the following:

The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (Dedication or easement of land, see § 110-22B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;

The creation of a stormwater management facility or other
drainage improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and constructed
in accordance with the purposes and standards of this article;

Fee in Lieu of. Where the Town of Clarkson waives all
or part of the minimum stormwater management requirements, or where the waiver
is based on the provision of adequate stormwater facilities provided downstream
of the proposed development, the Applicant shall be required to pay a fee
in an amount as determined by the Town Board of the Town of Clarkson. All
monetary contributions shall be made to a dedicated fund for stormwater management
activities. The fee structure shall be based on the cubic feet of storage
required for stormwater management of the development in question. All of
the monetary contributions shall be made by the Applicant prior to the issuance
of any permit or approval for the development.

Dedication or easement of land. In lieu of a monetary
contribution, an Applicant may obtain a waiver of the required stormwater
management by entering into an agreement with the Town of Clarkson for the
granting of an easement or the Dedication of land by the Applicant to be used
for the construction of an off-site stormwater management facility. The agreement
shall be entered into by the Applicant and the Town of Clarkson Town Board
prior to the recording of plats or, if no record plat is required, prior to
the issuance of the permit.

The Applicant shall consult the Town of Clarkson's design criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the Applicant or developer must demonstrate equivalence to the technical standards set forth in this section and § 110-24 of this article, and the SWPPP shall be prepared by a Licensed/Certified Professional.

All site designs shall establish stormwater management
practices to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater. These
practices should seek to utilize pervious areas for stormwater treatment and
to infiltrate Stormwater Runoff from driveways, sidewalks, rooftops, parking
lots, and landscaped areas to the maximum extent practicable to provide treatment
for both water quality and quantity.

All Stormwater Runoff generated from new development
shall not discharge untreated stormwater directly into a Jurisdictional Wetland
or local water body without adequate treatment. Where such discharges are
proposed, the impact of the proposal on Wetland functional values shall be
assessed using a method acceptable to the Town of Clarkson. In no case shall
the impact on functional values be any greater than that allowed by the Army
Corp of Engineers (C.O.E.) or the NYSDEC responsible for natural resources.

An attempt shall be made to maintain annual groundwater
Recharge rates by promoting Infiltration through the use of structural and
nonstructural methods. At a minimum, an attempt shall be made for annual Recharge
from the post development site to mimic the annual Recharge from predevelopment
site conditions.

In order to protect stream Channels from degradation,
a specific Channel protection criteria shall be provided as prescribed in
the Town of Clarkson's design criteria and/or the New York State Stormwater
Management Design Manual.

Stormwater discharges from land uses or activities with
higher potential pollutant loadings, known as "Hotspot," may require the use
of specific structural Stormwater Treatment Practices and pollution prevention
practices.

A SWPPP is required as part of the compliance with this
article. This plan must be prepared by a Qualified Professional and must indicate
whether stormwater will be managed on site or off site and, if on site, the
general location and type of practices and shall also include sufficient information
(e.g., maps, hydrologic calculations, etc.) to evaluate the environmental
characteristics of the project site, the potential impacts of all proposed
development of the site, both present and future, on the water resources,
and the effectiveness and acceptability of the measures proposed for managing
stormwater generated at the project site. The plan must be signed by a New
York State licensed professional engineer (PE) who will verify that the design
of all stormwater management practices meet the submittal requirements outlined
in the New York State Stormwater Management Design Manual. No building or
grading permit or site plan approval shall be issued until a satisfactory
Stormwater Pollution Prevention Plan, or a waiver thereof, has undergone a
review and been approved by the Town of Clarkson after determining that the
plan or waiver is consistent with the requirements of this article.

The Applicant shall employ a Responsible Individual, as defined in § 110-15 of this article, who will oversee the implementation of the SWPPP on a daily basis. The Applicant shall also employ the services of a Qualified Professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Town of Clarkson within five days after the month's end.

Site map/construction drawings showing the specific locations
and sizes of each postconstruction stormwater management practice. The maps
will also clearly show proposed land use with tabulation of the percentage
of surface area to be adapted to various uses. A written description of the
site plan and justification of proposed changes in natural conditions may
also be required;

Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms,
including calculations such as a description of the design storm frequency,
intensity and duration; time of concentration; soil curve numbers or runoff
coefficients; peak runoff rates and total runoff volumes for each watershed
area; Infiltration rates, where applicable; culvert capacities; flow velocities;
data on the increase in rate and volume of runoff for the design storms referenced
in the New York State Stormwater Management Design Manual; and documentation
of sources for all computation methods and field test results;

The design and planning of all stormwater management
facilities shall include detailed maintenance and repair procedures, including
a schedule to ensure their continued function. These plans will identify the
parts or components of a stormwater management facility that need to be maintained
and the equipment and skills or training necessary. Provisions for the periodic
review and evaluation of the effectiveness of the maintenance program and
the need for revisions or additional maintenance procedures shall be included
in the plan.

The Applicant must ensure access to all Stormwater Treatment Practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 110-25 of this article for additional information.

The Applicant must execute an easement and an inspection and Maintenance Agreement binding on all subsequent owners of land served by the on-site stormwater management measures in accordance with the specifications of this article. See § 110-25 of this article for additional information.

The SWPPP shall be prepared by a Qualified Professional
and the final plan must be signed by a New York State licensed professional
engineer who shall certify that the design of all stormwater management practices
meet the requirements in this article.

A written or graphic inventory of the natural resources
at the site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to the project
site. This description should include a discussion of soil conditions, forest
cover, topography, Wetlands, and other native vegetative areas on the site.
Particular attention should be paid to environmentally sensitive features
that provide particular opportunities or constraints for development.

The Town of Clarkson may also require a concept plan
to consider the maximum development potential of a site under existing zoning,
regardless of whether the Applicant presently intends to develop the site
to its maximum potential.

The Applicant must present a detailed plan for management
of vegetation at the site after construction is finished, including who will
be responsible for the maintenance of vegetation at the site and what practices
will be employed to ensure that adequate vegetative cover is preserved. This
plan must be prepared by a Qualified Professional and be in compliance with
landscaping specifications outlined in the New York State Stormwater Management
Design Manual.

Maintenance easement. The Applicant or owner of the site
must execute a maintenance easement agreement that shall be binding on all
subsequent owners of land served by the stormwater management facility. The
agreement shall provide for access to the facility at reasonable times for
periodic inspection by the Town of Clarkson, or their contractor or agent,
to ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this article and
to if necessary implement emergency repairs to protect the health, safety
and welfare of the public. The easement dimensions shall be as directed by
the Town of Clarkson and the easement agreement shall be recorded in the office
of the County Clerk, with a copy provided to the Town of Clarkson.

Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes as a
minimum, the following:

A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the goals
of this article.

The maintenance and proper operation of all privately
owned stormwater management facilities, including nonstructural practices,
shall be ensured through the creation of a formal and enforceable Maintenance
Agreement that must be approved by the Town of Clarkson and recorded in the
office of the County Clerk as a deed restriction on the property prior to
final plan approval. This agreement will include any and all maintenance easements
required to access and inspect the stormwater management practices, and will
outline the procedures and schedule to be followed to perform routine maintenance
as necessary to ensure proper functioning of the stormwater management practice.
In addition, the legally binding agreement shall identify the parties responsible
for the proper maintenance of all Stormwater Treatment Practices and include
plans for periodic inspections by the owners, or their Designated Agent, to
ensure proper performance of the facility. The Maintenance Agreement shall
be consistent with the terms and conditions of the stormwater control facility
Maintenance Agreement.

The Town of Clarkson, in lieu of a Maintenance Agreement,
may accept Dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements of this
article and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.

Requirements of Maintenance Agreements. All stormwater
management facilities must undergo, at the minimum, an inspection every two
years to document maintenance and repair needs to ensure compliance with the
requirements of this article and accomplishment of its purposes. These needs
may include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and necessary
replacement of landscape vegetation. Any maintenance needs found must be identified
in writing, along with the schedule and methods to be employed to complete
the maintenance. The maintenance repairs and restoration schedule are to be
approved by the Town of Clarkson prior to commencing the work, and the Town
of Clarkson shall inspect the facility upon completion of the work. The inspection
and maintenance requirement may be increased by the Town of Clarkson as deemed
necessary to ensure proper functioning of the stormwater management facility.

Records of installation and maintenance activities. Parties
responsible for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and repairs,
and shall retain the records for at least five years. These records shall
be made available to the Town of Clarkson during inspection of the facility
and at other reasonable times upon request.

Maintenance guarantees for privately owned stormwater
facilities. Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the Applicant or by a corporation that
owns or manages a commercial or industrial facility, the Applicant, prior
to construction, may be required to provide the Town of Clarkson with an irrevocable
Letter of Credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and Erosion
Control facilities both during and after construction, and until the Town
of Clarkson acknowledges compliance with all details of approved site plan.
If the Applicant or Landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Town of Clarkson
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, until the Town of Clarkson acknowledges
compliance with all details of approved site plan.

The Town of Clarkson or its Designated Agent shall make
inspections at any reasonable time for purposes of inspecting the construction
of the stormwater management facilities. Inspections may include but are not
limited to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher-than-typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater permit;
and joint inspections with other agencies inspecting under environmental or
safety laws. Inspections may include but are not limited to reviewing maintenance
and repair records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices. The Applicant
must notify the Town of Clarkson in advance before the commencement of construction.
If any violations are found, the property owner shall be notified of the nature
of the violation and the required corrective actions. No added work shall
proceed until any violations are corrected and all work previously completed
has received approval by the Town of Clarkson.

When any new drainage control facility is installed on
private property, or when any new connection is made between private property
and a public drainage control system or combined sewer, the property owner
shall grant to the Town of Clarkson the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This includes
the right to enter a property when it has a reasonable basis to believe that
a violation of this article is occurring or has occurred and to enter when
necessary for abatement of a public nuisance or correction of a violation
of this article.

All Applicants are required to submit actual as-built plans for any
stormwater management practices located on site after final construction is
completed. The plan must show the final design specifications for all stormwater
management facilities and must be certified by a New York State licensed professional
engineer. A final inspection by the Town of Clarkson is required before the
release of any performance securities can occur.

All Applicants are responsible for maintaining the grading of the site
so that it is consistent with the certified as-built plans. Any postconstruction
alterations to the landscape shall receive prior approval from the Town of
Clarkson. Temporary landscape alterations, such as those associated with utility
excavations and landscaping activities, must be restored to conditions that
are consistent with the certified as-built plans.

Failure to maintain practices. If a responsible party
fails or refuses to meet the requirements of the Maintenance Agreement, the
Town of Clarkson, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary work to
place the facility in proper working condition. In the event that the stormwater
management facility becomes a danger to public safety or public health, the
Town of Clarkson shall notify the party responsible for maintenance of the
stormwater management facility in writing. Upon receipt of that notice, the
responsible person shall have 30 days to affect maintenance and repair of
the facility in an approved manner. After proper notice, the Town of Clarkson
may assess the owner(s) of the facility for the cost of repair work and any
penalties; and the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on the tax
bill and collected as ordinary taxes by the county.

Notice of violation. When the Town of Clarkson determines
that an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:

Stop-work orders. Persons receiving a notice of violation
will be required to halt all construction and/or maintenance activities. This
Stop-work order will be in effect until the Town of Clarkson confirms in writing
that the activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a notice of violation in a timely manner can
result in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this article.

Civil and criminal penalties. In addition to or as an
alternative to any penalty provided herein or by law, any person who violates
the provisions of the Local Law shall be subject to a fine not exceeding $350
or imprisonment for a period not to exceed 15 days, or both for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article shall
be deemed misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.

An Applicant pursuant to this article shall deposit with the Town an
application fee as determined by resolution of the Town Board. The application
fee is to be utilized by the Town, as needed, to pay for all fees, costs and
disbursements incurred by the Town in processing the application, including
but not limited to independent legal, engineering and technical consultant
fees, stenographic charges and any other fees, costs and disbursements incurred
by the Town in the application process, including SEQRA review. The application
fee shall be maintained in a separate Town fund, which funds may be appropriated
by the Town in accordance with the terms of this article. In the event that
the application fee is insufficient to cover the fees, costs and disbursements
incurred by the Town in processing the application, the Town shall provide
the Applicant with an invoice of the fees, costs and disbursements, and the
Applicant shall be obligated to pay the Town such additional fees, costs and
disbursements within 30 days from receipt of that invoice from the Town. The
Town shall return to the Applicant any portion of the permit application fee
which has not been expended, regardless of whether the application has been
approved or denied. In the event that there is more than one Applicant, any
refunds shall be allocated among the Applicants on a pro rata basis as determined
by the Town Board.

The Town of Clarkson may, at its discretion, require the submittal of
a performance security or bond prior to approval in order to insure that the
stormwater practices are installed as required by the approved Stormwater
Pollution Prevention Plan. The amount of the installation performance security
shall be the total estimated construction cost of the stormwater management
practices approved by the Town of Clarkson, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the Stormwater Pollution Prevention Plan. The installation performance
security shall be released in full only upon submission of as-built plans
and written certification by a New York State licensed professional engineer
that the stormwater practice has been installed in accordance with the approved
plan and other applicable provisions of this article. The Town of Clarkson
will make a final inspection of the stormwater practice to ensure that it
is in compliance with the approved plan and the provisions of this article.
Provisions for a partial pro rata release of the performance security based
on the completion of various development stages can be done at the discretion
of the Town of Clarkson.